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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
02/2003/ND-CP
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Hanoi,
January 14, 2003
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DECREE
ON DEVELOPMENT AND MANAGEMENT OF MARKETPLACES
THE GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to the May 10, 1997 Commercial Law;
At the proposal of the Trade Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope and objects
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2. Marketplaces governed by this
Decree are traditional marketplaces organized at places according to planning
and satisfying demands of goods trading and exchange as well as the consumption
demands of population areas.
3. The types of department
stores, trade centers, goods trading centers, including foreign-invested
department stores and trade centers shall not be governed by this Decree.
Article 2.- Interpretation
of terms and phrases
A number of terms and phrases
used in this Decree shall be construed as follows:
1. The marketplace spaces mean
areas planned for market activities, including areas for arrangement of
business locations and service areas (parking lots, warehouses, food and drink
provision, entertainment and other services) and passages around markets.
2. Pivotal marketplaces mean
marketplaces which play a key role in attracting and rallying large volumes of
goods from production and business sources of economic zones or commodity lines
for further distribution to other marketplaces and circulation channels.
3. Solid marketplaces are those
built to ensure that they have a use duration of over 10 years.
4. Semi-solid marketplaces are
those built to ensure that they have a use duration of between 5 and 10 years.
5. Business locations in
marketplaces, including counters, stalls, kiosks and shops, which are arranged
in a fixed manner within the marketplace spaces according to the marketplace designs,
with the minimum standard acreage of 3 m2/location.
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1. All marketplaces must be
classified according to standards prescribed in Clause 2 of this Article.
2. Marketplace classification
standards:
a) Class 1- marketplaces:
- are those accommodating over
400 business locations each and being invested and built solidly and modernly
according to planning;
- are those located in important
economic and commercial centers of provinces or cities or pivotal markets of commodity
lines or economic zones, which are held regularly;
- are those which have the floor
spaces suitable to the marketplace operation scales and fully provide various
services: vehicle watch, goods loading and unloading, cargo warehouses,
measurement , goods quality inspection, food hygiene and safety and other
services.
b) Class 2- marketplaces:
- are those accommodating more
than 200 business locations each, invested and built solidly or semi-solidly
according to planning;
- are those located in economic
exchange centers of regions and held regularly or irregularly;
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c) Class 3- marketplaces:
- are those having less than 200
business locations each or not yet invested and built solidly or semi-solidly.
- are those mainly in service of
trading demands of people in communes, wards and vicinity areas.
Chapter II
PLANNING ON DEVELOPMENT
AND INVESTMENT IN CONSTRUCTION OF MARKETPLACES
Article 4.-
Marketplace development planning
1. Marketplaces constitute an
important part of the overall socio-economic infrastructure; from now on, the
localities’ socio-economic development planning in each period must include the
marketplace development planning. The marketplace development planning must be
drawn up according to the principles stated in Clause 2 of this Article and
approved by and implemented under the direction of, the defined competent
agencies.
2. The principles for drawing up
the marketplace development planning:
a) To formulate the system of
marketplaces of different sizes suitable to the volumes of goods circulated in
the areas, contributing to production development and intensified goods
exchange; attaching importance to the development of marketplaces in
deep-lying, remote, mountainous and island regions in association with the
cultural exchange demands of people of various ethnic groups.
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c) The marketplace development
planning must be in line with the planning on construction of population
quarters, traffic works, electricity supply and water supply and drainage works
and other public works, ensuring environment sanitation; for class 1- and class
2- marketplaces, they must be arranged with adequate floor spaces as provided
for in Clause 1, Article 2 of this Decree.
3. All investment projects for
construction or transformation, overhaul or upgrading of marketplaces must
comply with the approved planning.
Article 5.-
Investment in construction of marketplaces
1. Sources of capital for
investment in the construction of marketplaces include sources of capital
contributed by enterprises, production and business individuals as well as
people; sources of credit loan; sources of development investment capital of
the State, of which the main capital sources come from enterprises, production
and business individuals and credit loan capital.
2. The State encourages
organizations, individuals and enterprises of all economic sectors to invest or
join the State to invest in the construction of marketplaces of different
types.
3. The source of development
investment capital of the State (including capital from the central budget,
local budgets and non-refundable aids) shall be used as support for investment
in the construction of marketplaces of some following types:
a) Specialized farm-produce and
foodstuff pivotal marketplaces to consume goods in concentrated agricultural,
forestrial and aquacultural production regions.
b) Marketplaces in highland,
deep-lying, remote or island commune clusters under the State’s programs for
socio-economic development, hunger elimination and poverty alleviation or
sedentarization.
c) Class 1- marketplaces under
planning at key economic and commercial positions of provinces or cities,
acting as centers for goods exchange and satisfaction of consumption demands in
big cities and provincial capitals.
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5. The marketplace construction
investors shall have the right to:
a) Mobilize capital for
construction of marketplaces on the basis of agreement reached with traders who
register to use or rent business locations in the marketplaces and other
sources of capital contributed by people under the provisions of law and
concrete guidance of the People’s Committees of provinces or centrally-run
cities (hereinafter called the provincial People’s Committees for short).
b) Mortgage the land use right
and projects in the marketplaces under their respective use right for bank
credit capital loans according to the current regulations for investment in
overhaul, transformation or upgrading of marketplaces.
Article 6.-
Provisions on investment projects for marketplace construction and arrangement
of intra-marketplace works
1. Investors wishing to build,
overhaul, transform or upgrade marketplaces must elaborate projects thereon
under the current regulations on investment and construction management and get
the approval from competent authorities according to current regulations.
2. The arrangement of works
within marketplaces under the investment projects on marketplace construction
must strictly comply with the normative process on marketplace construction,
paying attention to the following regulations:
a) Arranging enough floor spaces
and equipment as well as facilities in service of fire prevention and fighting
in accordance with the current regulations.
b) Arranging water supply and
drainage works, public toilets, lighting and ventilation equipment and ensuring
environment sanitation in accordance with the prescribed standards.
c) Arranging parking lots with
acreage suitable to the number of market goers, ensuring order, safety and
convenience for customers.
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Chapter III
MARKETPLACE EXPLOITATION
AND MANAGEMENT BUSINESS
Article 7.-
Provisions on marketplace exploitation and management business
1. Marketplaces built with the
State’s investment or investment capital support under Clause 3, Article 5 of
this Decree shall be assigned by provincial People’s Committees to subjects for
organizing business in exploiting and managing activities in the marketplaces
according to the following regulations:
a) For newly built marketplaces,
assigning to or organizing bidding to select enterprises to do business in
exploiting and managing the marketplaces. The enterprises shall do business in
exploiting and managing marketplaces under the provisions in Article 9 of this
Decree.
b) For operating marketplaces
administered by the Marketplace Management Boards, they shall be step by step
shifted to the regime as prescribed at Point a above. The Marketplace Management
Boards shall operate in accordance with the provisions in Article 8 of this
Decree.
c) For marketplaces in highland,
deep-lying, remote or island regions mentioned at Point c, Clause 3, Article 5
of this Decree, they can be assigned to enterprises being trade and service
cooperatives for organizing the marketplace exploitation and management
business.
2. Where marketplaces are built
with the State’s investment support and with capital contributed by
organizations, individuals and/or enterprises of various economic sectors, the
provincial People’s Committees shall base themselves on the capital
contribution levels and percentages to select subjects for doing business in
exploiting and managing the marketplaces (Marketplace Management Boards,
enterprises, trade and service cooperatives or joint-stock companies set up
under the provisions of law). The modes of selecting subjects shall comply with
Clause 2 of this Article.
3. Marketplaces built with
investment of organizations, individuals, family households or enterprises of
various economic sectors shall be commercially exploited and managed by such
organizations, individuals, family households or enterprises in form of
enterprise under the provisions of law and the provisions on enterprises doing
business in exploiting marketplaces in Article 9 of this Decree.
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1. Marketplace Management Boards
are non-business units with revenues, which shall cover by themselves all
expenses, have the legal person status, their own seals and accounts opened at
the State Treasury.
2. Marketplace Management Boards
shall have to manage the State property and activities within one or several
marketplaces; sign contracts with traders for rent and use of business
locations; dealing in services at the marketplaces; organize fire prevention
and fighting, environment sanitation, order and security as well as food safety
within the marketplaces; work out internal regulations of the marketplaces
according to the provisions in Article 10 of this Decree for submission to
competent People’s Committees for approval according to the marketplace
management decentralization; organize the implementation of the internal
regulations of the marketplaces and handle violations thereof; administer the
operations of the marketplaces and organize the development of activities in
the marketplaces; sum up the situation of business activities of the
marketplaces and send periodical reports to State management agencies under the
guidance of the Ministry of Trade.
Article 9.-
Enterprises doing business in exploiting and managing marketplaces
Enterprises doing business in
exploiting and managing marketplaces are those set up, registering their
business and conducting business activities under the provisions of law, having
the responsibility to organize the implementation of the following regulations:
1. Organizing the commercial
provision of services in marketplaces.
2. Ensuring the work of fire
prevention and fighting, environment sanitation, order and security as well as
food safety within the marketplaces.
3. Drawing up the marketplaces’
internal regulations as provided for in Article 10 of this Decree for
submission to competent People’s Committees for approval according to the
marketplace management decentralization; administering the marketplace
activities according to such internal regulations and handle the violations
thereof.
4. Organizing and arranging
business areas to ensure the requirements on order, sanitation, trade
civilization and satisfy demands of traders doing business in the marketplaces.
5. Signing contracts with
traders for rent and use of business locations in the marketplaces and other
services according to the provisions of law.
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7. Summing up the situation of
business activities of the marketplaces and periodically reporting thereon to
State management bodies under the guidance of the Trade Ministry.
Article
10.- Marketplaces’ internal regulations
1. All marketplaces must have
internal regulations for application within the marketplaces. The marketplaces’
internal regulations shall be elaborated on the basis of the provisions of this
Decree and current law provisions and include the following main contents:
a) The rights and obligations of
traders doing business in the marketplaces.
b) The regulations on goods and
services to be traded in the marketplaces.
c) The regulations on people
going to the marketplaces for transactions, purchase or sale.
d) The regulations on fire
prevention and fighting.
e) The regulations on security
and order in the marketplaces.
f) The regulations on
environment sanitation and food safety.
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h) The requirements on
organizing and participating in cultural and social activities in the
marketplaces.
i) The regulations on handling
of violations in the marketplaces.
2. The marketplaces’ internal
regulations must be publicly and clearly posted up within the marketplace
spaces and disseminated to all traders doing business in the marketplaces.
3. All organizations and
individuals participating in activities of buying, selling and exchanging goods
as well as services within the marketplaces must abide by the marketplaces’
internal regulations.
4. The Trade Ministry shall
promulgate model internal regulations for uniform elaboration of marketplaces’
internal regulations and application to all marketplaces. The provincial
People’s Committees shall have to specify the provisions in the model internal
regulations to suit the practical situation of their respective localities.
Article
11.- Management of business locations in marketplaces
1. Business locations in
marketplaces shall cover the following types:
a) The type of business
locations assigned to traders for use in service of their business activities
if there are contracts on advance contribution of capital for investment in the
marketplace construction or the lumpsum payment for the use thereof within a
given period of time after the marketplace construction is completed.
b) The type of business
locations leased to traders for business activities.
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a) Draw up plans for arrangement
of business lines and the use of business locations in the marketplaces and
submit them to the competent People’s Committees for approval.
b) Implement the provisions on
bidding when the number of traders registering for use or rent exceeds the
number of business locations which can be arranged in the marketplaces under
the approved plans.
c) Sign contracts with traders
for the use or rent of business locations under the provisions of law.
3. The provincial People’s
Committees shall specify the use, rent, the duration therefor and measures to
manage business locations in the marketplaces in line with the nature of each
type of marketplace and the practical situation of their respective localities.
Article
12.- The provisions on business activities in marketplaces
1. Traders having registered
business lines compatible with the scope of business lines of each type of
marketplace shall all be entitled to conduct business activities in the
marketplaces after signing contracts for use of business locations or rent of
business locations in the marketplaces with the Marketplace Management Boards
or with the enterprises doing business in exploiting and managing the marketplaces.
2. Traders doing business in
marketplaces must abide by the plans on arrangement of business lines of the
marketplaces.
3. Traders doing business in
marketplaces, apart from abiding by the provisions of law, shall also have to
strictly implement the marketplaces’ internal regulations and submit to the
management by the Marketplace Management Boards or the marketplace-exploiting
and – managing business enterprises.
4. Traders may transfer or
sublease their contractually valid business locations to other traders.
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6. Small-scale producers who
sell their own products by themselves (peasants, handicraft workers,...) and
small traders, street vendors shall be arranged in the marketplaces at places
reserved for unfrequent traders in the marketplaces, and must abide by the marketplaces’
internal regulations.
7. Regarding goods and services
to be traded in the marketplaces:
Goods and services traded in the
marketplaces are goods and services not on the lists of those banned from
business by law and shall not fall under the following categories:
a) Goods containing radioactive
substance and ionized radiation equipment.
b) Explosive materials, fire-
and explosion-prone liquid such as petrol and oils (excluding lighting
kerosene), liquefied gas, compressed gas of various kinds.
c) Plant protection drugs on the
list of those restricted from business.
d) Toxic chemicals on the list
of those subject to conditional business.
In order to ensure trade order
and civilization, goods traded in marketplaces must be arranged according to commodity
lines, commodity groups; and adversely inter-acted goods shall not be arranged
near each other.
8. Handling of violations in
marketplaces:
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b) Violations of marketplaces’
internal regulations shall be handled by the Marketplace Management Boards or
the marketplace-exploiting business enterprises under the provisions of the
marketplaces’ internal regulations.
Chapter IV
STATE MANAGEMENT OVER
MARKETPLACES
Article
13.- Contents of the State management over marketplaces
1. Drawing up plannings, plans
and orientations for marketplace development in each period in line with the
socio-economic development planning, plans and orientations in each locality
and regions, meeting the people’s production, goods circulation and consumption
demands.
2. Promulgating policies on
investment, construction, exploitation and management of marketplace
activities.
3. Managing marketplaces built
with the State’s investment according to regulations on management
decentralization.
4. Directing and guiding the
Marketplace Management Boards and the marketplace- exploiting and –managing
business enterprises on marketplace management policies and operations.
5. Organizing the propagation of
the Party’s undertakings and lines as well as the State’s policies and laws to
people in the marketplaces.
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Article
14.- Responsibilities of ministries and branches
1. The Trade Ministry:
a) To assume the prime
responsibility and coordinate with the concerned ministries and branches in
studying and submitting to the Government for promulgation, amendment or
supplement, policies and orientations on marketplace development and
management.
b) To assume the prime
responsibility and coordinate with the Ministry of the Interior in guiding the
functions, tasks and powers of the Marketplace Management Boards under the
provisions in Article 8 of this Decree..
c) To promulgate the model
marketplace internal regulations and guiding documents on management of
marketplace business activities.
d) To specify and guide the
regime of reporting on marketplace activities.
e) To direct the organization of
professional fostering for marketplace- managing officials.
f) To direct the commendation
and reward, inspect the handling of violations of law and/or marketplace
internal regulations.
2. The Ministry of Planning and
Investment:
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b) To guide and direct the
provincial People’s Committees in drawing up annual plans and examine and
submit to the Government for approval plans on investment in the construction
of marketplaces with the State’s investment or investment capital support in
accordance with the provisions in Clause 3, Article 5 of this Decree.
c) To guide and direct the
implementation of policies on investment preferences for organizations and
individuals participating in the investment in the construction of marketplaces
under the provisions of this Decree.
3. The Finance Ministry: To
guide the financial mechanisms applicable to the Marketplace Management Boards
and the marketplace- exploiting business enterprises in accordance with the
provisions of this Decree.
4. Other ministries, branches
and State agencies shall have to guide and direct the implementation of relevant
provisions in this Decree.
Article
15.- Responsibilities of the People’s Committees at all levels
The People’s Committees of all
levels shall have the responsibilities to direct the elaboration of plannings on
marketplace development, to manage the investment in the construction of
marketplaces according to decentralization on investment in capital
construction, to perform the function of State management over the marketplaces
and implement the following regulations:
1. The provincial People’s
Committees:
a) To decide on assigning to or
organizing bidding to select enterprises doing business in exploiting
marketplaces.
b) To decide the establishment
and define the functions, tasks, powers and organization of, the Marketplace
Management Boards for class 1- marketplaces (built with the State’s investment
or investment capital support) being in operation under the administration of
the Marketplace Management Boards.
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d) To specify the marketplaces’
internal regulations on the basis of the model internal regulations promulgated
by the Trade Ministry and to approve the internal regulations of class 1-
marketplaces.
e) To specify the handling of
violations of the marketplaces’ internal regulations.
2. The People’s Committees of
urban and rural districts:
a) To decide the establishment
and define the functions, tasks, powers and organization of, the Marketplace
Management Boards for class-2 and class-3 marketplaces (built with the State’s
investment or investment capital support) being in operation under the
administration of the Marketplace Management Boards.
b) To approve the internal
regulations of class 2- and class 3- marketplaces.
3. The commune/ward People’s
Committees: To have responsibilities to manage class-3 marketplaces and
coordinate with provincial- or district-level agencies in managing marketplaces
in their respective localities.
Chapter V
COMMENDATION, REWARD,
HANDLING OF VIOLATIONS AND IMPLEMENTATION ORGANIZATION
Article
16.- Commendation and reward
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Article
17.- Handling of violations
State officials and employees,
business organizations and individuals and persons entering marketplaces for
goods purchases and/or sales, if violating the provisions of this Decree,
shall, depending on the seriousness of their violations, be disciplined,
administratively or criminally handled according to law provisions.
Article
18.- Implementation organization
1. This Decree shall apply
immediately after it takes implementation effect to newly built marketplaces
not yet put into operation and marketplaces to be built, transformed or
upgraded.
2. For operating marketplaces,
the Trade Ministry is assigned to guide and direct the application of the
provisions of this Decree on the principle of ensuring the stable operation of
the marketplaces and gradually proceed to the full implementation of this
Decree.
3. The provincial People’s
Committees should concentrate on directing the early fulfillment of the
following tasks:
a) Drawing up, supplementing and
adjusting the marketplace development planning according to the provisions of
this Decree.
b) Preventing and putting an end
to the state of marketplaces emerging spontaneously or built in contravention
of plannings; working out plans and measures to get rid of marketplaces not
included in the plannings and spontaneously emerging marketplaces, first of all
marketplaces held on roadbeds, street pavements, thus affecting traffic safety,
environment sanitation and public order.
c) Organizing the implementation
of the provisions in Article 7 of this Decree.
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4. The Trade Ministry shall
elaborate and promulgate the guiding documents on organization and management
of floating marketplaces on rivers or seas, the border marketplaces,
border-gate marketplaces and marketplaces lying inside the border-gate economic
zones on the basis of the provisions of this Decree and relevant regulations,
in compatibility with the agreements signed with countries sharing the
borderlines.
Article
19.- Implementation provisions
1. This Decree takes
implementation effect 60 days after its signing.
2. The ministries and branches shall
have the responsibilities, prescribed in Article 15, to promulgate documents
guiding the implementation of this Decree within the prescribed time limits.
3. To annul all other
regulations on organization and management of marketplaces, which have been
issued by ministries, branches, People’s Committees of various levels before
the promulgation of this Decree.
4. The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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